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2004 Supreme(Cal) 120

AMITAVA LALA
JATINDRA NATH MONDAL – Appellant
Versus
HARIMOTI DASSI – Respondent


Advocates Appeared:
ASHOK BANERJEE, DIPAK RANJAN MUKHERJEE, Monoranjan Das, SYAMASRI DAS

AMITAVA LALA, J.


( 1 ) THIS is a dispute between brother and sister. The brother originally instituted a suit as against the sister in 1967 allegedly terminating the licence of the sister in occupying the portion of the premises of their beloved father. Father, gostha Bihari Mondal, since deceased in 1941 or 1942 allowed her daughter, respondent herein to remain in the possession of the property with her husband Bepin chandra Das since accused. Father expired in between 1951 to 1952 survived by widow and the son and daughter as aforesaid. After 1956 (the crucial period for right of inheritance of the property of the famale heir) bepin, the husband of the sister/daughter of the predeceased, expired. The period of expiry of Bepin is about 1960.

( 2 ) THE suit which has been instituted by the brother for termination of the so- called licence of the sister was dismissed on contest by the Court of first instance from which an appeal was preferred. A remand order was passed by the Court of first appeal at the relevant point of time. From where a Second Appeal was preferred. By an order dated 2-7-1976 in the appeal from appellate decree No. 473 of 1972 the High court was pleased to obser








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